Unauthorised telephone calls and prosecution
Mr. Molony asks whether the law can address an unauthorised trespasser’s nearly £500 in calls to the United States after Gardaí said no offence had been disclosed. Mr. Mitchell says section 99 of the 1983 Act was intended to cover such cases, though its application is for the courts to determine.
asked the Minister for Communications whether he is aware of an incident that occurred in Templemore, County Tipperary (details supplied) where an unauthorised trespasser used a company's telephone to make nearly £500 worth of telephone calls to the United States of America, subsequently admitted doing so to the Garda and they were unable to take a prosecution against the person concerned as no criminal offence had been disclosed; if he will make a statement on the matter; and if he considers it desirable that the law be changed.
Comment on this
Section 99 of the Postal and Telecommunications Services Act, 1983, which came into effect on 1 January 1984 is intended to cover cases of attempts by fraud to avoid the payment of charges properly due for telecommunications services and section 4 of the Act provides for substantial penalties. Whether these provisions cover cases similar to that described by the Deputy is, however, a question for the courts to determine.
Comment on this
Does the Minister believe that section 99 of the Act referred to will cover this? It seems that it was designed to cover a different situation.